From: Mark Brest van Kempen <>
Date: January 12, 2005 2:41:08 PM PST
To: "Osalbo, Faustino Jun" <>
Cc: "Brooks, Desley" <>, "Nadel, Nancy" <>, "Uzegbu, Marcel" <>, "Estes, Lesley" <>, "Schwarz, Alison" <>, <>,
<>, <>, <>, "Neary, Mike" <>, <>, Office of the Mayor <>, <>, chiye azuma
<>, "Ward, Ron (PWA)" <>, "Lau, David W" <>, "Sweiss, Fuad"
<>, <>, <>
Subject: Chimes Creek dirty after no rain

As you measured today Chimes Creek had a turbidity reading of 345 NTU after no rain. This far exceeds the allowable turbidity as set by the State.

This would appear to be another clear violation of the conditions of approval for this project. Will this release of dirty water by the developers result in the City fining the developers and if not why?

Did any of the releases of dirty water by the developers on Jan 3, Jan 8 or Jan 9 result in fines imposed by the City and if not why?

Did the release of dirty water by the developers on December 7 and 8 (361 NTU) result in fines imposed by the City and if not why?

It appears that the developer has failed to adequately handle water on their site through virtually all of this season's storms so far.

How will City staff characterize these repeated failures of the developer to keep dirty water out of Chimes Creek to City Council Members?

I would appreciate answers to all of these questions.

I also want to clarify my own personal position in all of this: Chimes Creek has been here for thousands of years. In the past 20 years the City has allowed irresponsible development to take place that has degraded the Creek causing erosion, property loss and infrastructure damage.

Now the City is allowing a developer to build 470 houses right on top of Chimes Creek. An infrastructure is being planned that will systematically pollute and erode Chimes Creek and the Bay further for hundreds of years to come.

Now the City has an opportunity to reverse some of these problems by doing among other things the following:

1-The City has a responsibility to ensure that there is no further property loss and infrastructure damage by creating a comprehensive bank stabilization and creek restoration for Chimes Creek below the development.
2-The City should daylight Chimes Creek through the new development instead of bury it.
3-Every innovative mean should be put in place to assure that pollution that will inevitably be produced by the cars and people on the Leona Quarry site will not be released into Chimes Creek.

I am quite confident that the current planted detention pond plan will not adequately filter run off from the site especially lighter than water pollution. The City should carefully review the existing plans for the detention pond keeping in mind the speed at which water filled up the pond during the first rain of the year. The existing plan will only work if polluted run off slowly rises allowing plants to filter the water before it reaches the lowest outlet.

Mark Brest van Kempen
3835 Delmont Ave
Oakland CA 94605
510 568 6889